What the Employment Reference Letter Is

The employment reference letter (Spanish: constancia laboral, carta laboral, certificado de trabajo) is an official mandatory document the employer must deliver to the worker under Article 87 of the Labor Code of Guatemala.

It is one of the worker’s basic rights. Its purpose: formally certify that you worked at a company, how long, in what position, with what salary, and when/how the relationship ended (if it has).

Unlike other documents, it is FREE and the employer must deliver it upon request — during or after the job.

What the Reference Letter Must Contain

By law (Article 87) and practice, a correct employment reference letter must include ALL of these:

Worker data:

  • Full name
  • DPI or ID number (recommended, not mandatory)
  • Job title held

Employment data:

  • Start date (day/month/year)
  • End date (day/month/year) if ended
  • Monthly salary earned (at termination, or current if still active)
  • Reason for termination (if applicable):
    • “Voluntary resignation”
    • “Dismissal for just cause per Article 77”
    • “Dismissal without just cause per Article 78”
    • “Mutual agreement”
    • “Retirement due to age/disability”

Company data:

  • Full name and company name
  • Business NIT (tax ID)
  • Tax address
  • Name and title of signer (manager, HR director, legal representative)
  • Company stamp
  • Representative’s signature

Date and place:

  • Place of issue (city, department)
  • Date of issue

Standard Reference Letter Format

[Company letterhead]

EMPLOYMENT REFERENCE LETTER

Guatemala, [date of issue]

To whom it may concern:

This is to certify that Mr./Ms. [FULL WORKER NAME],
holder of DPI number [13 digits], worked at this
company holding the position of [JOB TITLE].

The employment period was from [start date] to [end
date], earning a monthly salary of Q [amount in
quetzales] (with/without the Q250 incentive bonus).

The reason for termination was [voluntary
resignation / dismissal / mutual agreement / etc.].

This reference letter is issued at the interested
party's request for the uses they deem appropriate.

___________________________
[Signer's full name]
[Title — General Manager / HR Director / etc.]
[Company name]
NIT: [number]
[Contact phone]

[COMPANY STAMP]

Most Common Uses of the Reference Letter

What you need it forRecommended freshness
New job search (prove experience)No limit; more recent is better
US visa (DS-160)Less than 30 days
Canadian visaLess than 30 days
Open bank accountLess than 60 days
Bank credit / mortgageLess than 30 days
Credit card applicationLess than 60 days
IGSS pension filingNo limit
Government social program (Bono Social)Less than 90 days
Labor lawsuitSame date as the event
Passport applicationNo freshness requirement
Apostille for foreign useRecent for processing

How to Request Your Reference Letter

If you still work at the company:

  1. Request it in writing from HR or directly from your manager.
  2. The delivery time depends on the company, but should not exceed 5-10 business days.
  3. If the employer delays longer, remind them in writing that it’s a legal obligation (Art. 87).

If you’ve ended the contract:

  1. It must be delivered along with your final settlement (on your last day of work).
  2. If they didn’t deliver it, request in writing with a signed acknowledgment of receipt.
  3. Maximum deadline: 30 calendar days from the termination date.

If the employer refuses to deliver it:

  1. Request in writing with a copy signed by the employer or a witness.
  2. File a complaint at MINTRAB — General Labor Inspectorate:
    • Headquarters Zone 5 or departmental sub-office
    • Anonymous line: 1539
    • Online: MINTRAB portal with DPI
  3. MINTRAB can sanction the employer with fines of 8 to 14 monthly minimum wages.

Reference Letter vs Other Documents

It’s common to confuse these documents:

DocumentIssuerMandatory?What it certifies
Employment reference letterEmployerYES (Art. 87)Objective relationship data
Recommendation letterEmployer (optional)NOPerformance opinion
Work letterEmployer (synonym for reference letter)YESSame as reference letter
Criminal record certificatePNC or MINGOBNO (for your use)That you have no criminal record
IGSS contribution certificateIGSSNOThat you were enrolled

Tips When Receiving Your Reference Letter

  1. Verify the data. Any error (wrong date, position, salary, reason) must be corrected before accepting.

  2. Request the original copy (with stamp and signature). Photocopies or printouts are often not accepted for official procedures.

  3. Make multiple certified copies. For multiple uses, take the original to a Notary to certify photocopies. Each certified copy costs ~Q15-30.

  4. Apostille if going abroad. For use outside Guatemala (consulates, visas, foreign jobs) you may need to apostille the letter. MINEX procedure: ~Q35-Q70.

  5. Keep it safe. Your reference letter is part of your professional record. Keep digital and physical copies for future use.

If the Reference Letter Has Incorrect Data

If your employer hands you a reference letter with false data or anything harmful to you:

  • Salary lower than real: affects your future benefit calculations and credit credibility.
  • Wrong termination reason: “dismissal for just cause” when it was unjustified affects your right to severance.
  • Wrong dates: affects your seniority for pensions.

Actions:

  1. Request correction in writing. Indicate the wrong data and provide evidence (pay stubs, contract).
  2. If they refuse: file a complaint at MINTRAB and demand a corrected letter.
  3. In serious cases (with clear economic harm): sue the employer in labor court for document fraud.
  • Guatemala Labor Code (Decree 14-41), Article 87 — Employer’s obligation to deliver the reference letter.
  • Labor Code, Article 60 — Worker’s right to request certification during the employment.
  • Ministry of Labor and Social Welfare (MINTRAB) — Rulings and instructions for special cases.

This page offers general guidance on Guatemala’s labor laws. For cases where the employer persistently refuses to deliver the reference letter or delivers false data, consult a free MINTRAB labor advisor or a specialized attorney.